WHEN WILL THE US EXTRADITE ITS ONLY OTHER MAJOR FUGITIVE IN ANTIGUA & BARBUDA ?

David Algernon Joseph

While we have repeatedly covered the Leroy King case from Antigua, the country's former Financial Services Regulatory Commission head, wanted for his primary role in the $7bn Stanford International Bank Ponzi scheme, and whose decade-old extradition case is stalled in the Antiguan justice system indefinitely, inside sources advise that there is one other major fugitive from American justice that is living freely & openly in Antigua. Why will the United States not seek to extradite him; Does the US no longer have any confidence in the Rule of Law, as it is practiced on Antigua & Barbuda, because of the Leroy King case ?

The offender's name is David Algernon Joseph, wanted since 1999 in the United States, for cocaine trafficking, and other related offenses; he also has a prior weapons conviction, and violated Parole in that case as well. While his co-defendant received a life sentence, Joseph has cheated justice, never having served a day in prison for his crimes. Though he appears on the INTERPOL wanted list, Antigua advises that he has never been the subject of an extradition, and law enforcement authorities there state that they will act if they receive a warrant seeking his extradition. What happened here ?

The answer is most likely whether the Leroy King case, where all the dodges and excuses have been employed to delay King's extradition, has so poisoned America's faith in Antigua's court system, that it no longer desires to waste time & money chasing another fugitive.  Repeated judicial reassignments ad nauseum, allowing the defendant file bogus appeal after appeal, sitting on the case for months and even years without rulings, all tricks more common to a court in the Banana Republics, than an English Common Law jurisdiction, have frozen the 2009 extradition in place.

 It is doubtful that he will ever see the inside of a Texas courtroom, as his probable disclosures there about Sir Allen Stanford's payments to Antigua's political elite might implicate powerful individuals in corrupt activities they prefer to keep hidden permanently. Therefore, David Joseph remains free as a tropical bird in Antigua. A reliable source on that island reports that he continues to be engaged in drug trafficking, and we wonder where he is placing his criminal profits in Antigua's banks.

Leroy King

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©2018 Kenneth Rijock; Contributed by Kenneth Rijock.

SECOND CIRCUIT DECISION IN ARAB BANK CASE

The Second Circuit Court of Appeals decision in Linde vs. Arab Bank can be accessed here. If you are not familiar with the facts, there are several articles on this blog to bring you up to speed, before you wade into this 39 page decision.

REZA ZARRAB'S FLOW CHARTS SHOWING MONEY MOVEMENT

These flow charts were employed by the gold & oil trader, Reza Zarrab, to explain the complex movement of funds in his massive, billion dollar Iran oil sanctions evasion case, where he testified against his former Halkbank banker. We do not ordinarily display trial exhibits, but in light of reader interest in the proceedings, we feel it will help unravel the complex money laundering scheme.

You may wish to review the 28-page Order and Decision in the case, to further understand how money was moved from Turkey to Iran. It is in the previous blog article.

JUDGE DENIES HALKBANK EXECUTIVE'S MOTION FOR ACQUITTAL

The US District Court Judge presiding over the Iran oil-for-gold sanctions evasion case has denied the Rule 29(a)  Motion for a Judgment of Acquittal, filed by the sole defendant being tried, Halkbank Deputy CEO Mehmet Atilla. Atilla's counsel made an ore tenus motion at the close of the Government's case, and later filed a written motion.

Readers who require a summary of the issues should review the 28-page Decision and Order, as it is an excellent summary of the proceedings, the counts filed against Atilla, and the defense presented at trial. See United States of America vs. Mehmet Hakan Atilla, Case No.: 15cr867 (SDNY). The Order was filed on February 7, 2018. You may access the order here.

LAWYER CHARGED WITH STEALING CLIENT ASSETS, AND FRAMING HIM FOR MONEY LAUNDERING, SENT CONFIDENTIAL COMMUNICATIONS TO SPANISH GOVERNMENT

"Attorney" Gerli

 Panama attorney Ismael Enrique Gerli Champsaur, who is facing criminal charges in Panama City, for  forging documents and illegally taking title to his client's real estate, reportedly gave attorney-client privileged communications and documents to representatives of the Spanish Government, to bolster a bogus case against the client, who has been detained for more than two years, as a material witness on a money laundering case that has never been filed.

Gerli's testimony, given in the Canary Islands, has since been discredited, but the client, Vladimir Kokorev, remains in custody, and is presently under house arrest, though no charges have been brought against him, or any other individual, in an obviously political case, which has cast doubt on  the Spanish Government's ability to control its prosecutors.

According to reliable Panamanian sources, Gerli bought his law degree from a corrupt university official, and since Panama still has the diploma privilege, which allows law school graduates immediate admission to the bar, without taking an examination, he has legitimate credentials, through he would be lost in a real courtroom. He employs bona fide attorneys to practice law on his behalf.

Gerli's longtime client, Gary James Lundgren, is embroiled in a major dispute with the Trump Organization, over several issues relating to the Trump Ocean Club, over charges Lundgren embezzled millions, while managing the hotel/condominium project. Trump has filed a formal complaint against Lundgren with the International Chamber of Commerce, according to reports from Europe. Lundgren has been barred for life, by FINRA, regarding the sale of securities, or working with any registered securities broker.

Gary James Lundgren

CONGRESSIONAL RESEARCH SERVICE REPORT ON BSA/AML ENFORCEMENT

Suggested reading from the Congressional Research Service:
 Trends in Bank Secrecy Act/Anti-Money Laundering Enforcement

THE NETHERLANDS IMPOSES DIRECT RULE UPON ST EUSTATIUS

The Government of the Netherlands announced yesterday that it has imposed Direct Rule upon the Dutch Caribbean territory of Sint Eustatius, upon the grounds of corruption and neglect.

The tiny island, more commonly known as Statia in the East Caribbean, may be obscure and remote, but compliance officers not familiar with the Netherlands Antilles will want to alert their staff to this Dutch action, which may result in bulk cash movement, the appearance of a new, affluent customer from that island, who offers lucrative new business to your bank, or some other plausible reason for large deposits. Could it be that money is the proceeds of corruption ?

Be alert for any newly-arrived clients from the Netherlands Antilles this month; they may claim that they are from Sint Maarten or Saba. Look for their place of birth & ask for a driver's license.

JUDGE GIVES RICARDO MARTINELLI AN ADDITIONAL EXTENSION ON ENFORCEMENT OF EXTRADITION ORDER

The judge in Ricardo Martinelli's failed Habeus Corpus petition has extended enforcement of the extradition order for one week, until February 13, 2018. His motion for bond is still pending, and the Court noted that his failure to file a Notice of Appeal as of yet may be due to the fact that it may lose jurisdiction, should his counsel file, before the bond motion is decided. The Court indicated that a ruling would be made.

The order was literally the first pleading not sealed in the entire Habeus case, and accessible to the public and to media. Unfortunately, there is no information in the order, regarding Martinelli's Habeus grounds, and that may be why it was released. Will the Court finally release that critical information for public viewing, considering how sensitive the topic is ? Stay tuned.

SENTENCING FOR ATILLA SET FOR APRIL 11 IN REZA ZARRAB IRAN OIL SANCTIONS EVASION CASE

An order, entered on February 5, by the trial judge in the Reza Zarrab case, has scheduled sentencing for the Turkish banker, Mehmet Atilla, on April 11, 2018. Atilla does have a pending Motion for a Judgment of Acquittal (Rule 29[a]), and the Court did note that it will be resolved "expeditiously" prior to that date.

XENOPHOBIC SPANISH COURT, AFTER TWO YEARS IN CUSTODY, RELEASES KOKOREV TO HOUSE ARREST, BUT STILL NO CHARGES OR TRIAL DATE

After he spent more than two years in a Spanish prison, a controversial, and prejudiced, judge in the Canary Islands transferred Vladimir Kokorev to house arrest, neither the filing of money laundering charges, nor a trial date. The Kokorev family has been held, ostensibly as Material Witnesses, though apparently they are targets of a yet incomplete investigation in unfiled money laundering case. Country Risk on Spain has been twice elevated as the result of what is a purely political case, seeking to seize assets of foreign nationals, without legal cause.

Both Members of the European Parliament, human rights advocates, and this blog, have all sought Kokorev's release, and the termination of what seems to be an indefinite re-investigation, of possible money laundering from more than a decade in the past, which was long ago cancelled by the Spanish Government. The actions of xenophobic members of the Canary Islands judiciary, which have seized assets of innocent foreign nationals before, has not been reigned in by Madrid, resulting in a massive human rights violation. Kokorev is ill and infirm, and may not survive this ordeal.

No charges have been filed, and no trial date set, after two and one-half years. The court system has been abused for purely political purposes. As powerful business interests, coveting Equatorial Guinea's oil, believe this case will result in their acquiring lucrative oil rights there.

DID FORMER SKN PRIME MINISTER RECEIVE INVESTMENT IN DOMINICA ?

 What is going on with St Kitts former Prime Minister, Denzil Douglas ? Saint Kitts media is reporting that he has been accused of holding real estate in Dominica, and the inference is that he received it after he diverted foreign investment from SKN, after he left office. Could this be true ?

Douglas was removed from the National Assembly, after issues regarding his possession of a Dominica diplomatic passport surfaced, and whether he owed allegiance to Dominica, which reportedly disqualifies him for elected office, as a dual national. That passport states that he is a Dominica national. Was the diplomatic passport payment in kind for Douglas' assistance in directing foreign investment originally intended for St Kitts, to Dominica ? These backroom deals, if confirmed, indicate a deep-seated culture of corruption, that violates US & UK law on foreign corrupt practices.

Whoever issued that document deserves a term of imprisonment, to deter other corrupt officials from disregarding international law.

The delivery of a diplomatic passport to a foreign national (Douglas), without any actual diplomatic mission and responsibility, violates several provisions of the Vienna Convention on Diplomatic Relations, making the passport void as a matter of international law. Unless this type of diplomatic crime is curbed, those governments that engage in it may find themselves isolated, in ways that will damage their national economies.

ATTORNEY GENERAL FILES OPPOSITION TO MARTINELLI'S BOND ON APPEAL MOTION

The court docket in the Ricardo Martinelli Habeus Corpus proceeding, in which his attorneys intend to appeal the recent denial of the Habeus petition, shows that the US Attorney General is opposing bond for Martinelli, while the appeal is pending. Unfortunately, since the file is essentially sealed to the public, we cannot access the document itself. All the pleadings are closed to the public; the obvious reasons therefor have been discussed at length on this blog.

PANAMANIAN JUDGE WHO STOLE COURT FILES IN FINANCIAL PACIFIC/PETAQUILLA MINE CASE SUSPENDED

Felipe Fuentes, the Panamanian judge who illegally removed all the court files from the massive insider trading Financial Pacific/Petaquilla Gold Mine, was been suspended for a period of six months. Judge America Vergara, acting upon information provided by the country's anti-corruption prosecutors, issued a suspension order, effective for a period of six months, and ordered a criminal investigation to begin against Fuentes.

Financial Pacific/Petaquilla Gold Mine is the largest corruption case pending in Panama. The fugitive former president of Panama, Ricardo Martinelli, used inside information about the company to make massive illegal profits, by covertly trading in the stock, along with most of the members of his cabinet, his political allies, and even individuals in the group loosely described as Panama's Syrian organized crime syndicate. Many Canadians and Americans lost their entire investment in Petaquilla, when the grossly-inflated priced stock eventually crashed. If that case failed to end in a judgment against the conspirators, Panama's image will be forever tarnished, in the eyes of foreign investors.

One of Panama's dark secrets of late is that the entire Financial Pacific (FP) court file was missing, obviously stolen, to allow the perpetrators of the fraud to escape justice. This is, unfortunately, a common occurrence in the corrupt Panamanian court system. The files are stolen, and the judge then orders production of all original evidence from the plaintiff, while all such records, which were in the court file, are gone, and never recovered. The case is eventually dismissed, and justice is not served.

Judge Felipe Fuentes was reportedly in a motor vehicle accident, and one of the missing court files was literally found on the public highway. Though not reported in Panama's unofficially censored media, a total of seven FP files were recovered, from property under his control. He has been charged with the Theft of Public Documents, a Crime Against Public Administration. Whether he is ultimately convicted will demonstrate if Panama is truly sincere regarding its very public reform process.

DIDN'T ST KITTS FORMER PRIME MINISTER LIE ON THE APPLICATION FOR A DIPLOMATIC PASSPORT FROM DOMINICA ?

After the former St Kitts Prime Minister, Denzil Douglas, was ejected from the National Assembly over the controversy regarding his reported possession of a Dominica Diplomatic passport, his attorney stated, on the record, that Douglas owes no allegiance to Dominica, due to the passport. True or false according to existing law, there's a bigger problem; Douglas had to have made a material misrepresentation of fact to get that passport.

Mr. Douglas, on the application, would have been required to specify precisely HOW he acquired Dominican citizenship. Since we know he is definitely not a Dominica national, he lied to get that passport, by any objective reading of the facts. His attorney, Anthony Astaphan, who is himself said to be a Dominica citizen, though he has never held elected office, can talk about whether he owes any allegiance to Dominica, but how can he possibly explain away the irregular circumstances surrounding how his client obtained a Dominica diplomatic passport ? And how did Dominica allow his passport to state that he was a Dominican ?

Look at the documents and determine for yourself what the truth is. Can politicians in the East Caribbean just pick up the telephone and acquire passports from their neighbors ? No wonder US & Canadian compliance officers are now treating all holders of passports from CBI countries as potential foreign nationals with dark backgrounds, hiding behind a new identity.

HEAD OF PANAMA'S SUPREME COURT ABRUPTLY RESIGNS

  José E. Ayú Prado Canals, the president of the Supreme Court of Justice of Panama, the republic's court of last resort, abruptly tendered his resignation this week, amid rumors that criminal charges may be brought against him. His tenure as leader of the highest court has been marred by a large number of civil suits filed and pending against him, alleging misconduct, corruption, malfeasance in office, and just about every other improper act that a senior judicial official is able to commit from the bench.

Many reformers in Panama see his resignation as an important step in the right direction, and foreigners and expats have long experienced corruption in the Panamanian judicial system, where their efforts to assert legal rights and privileges are often frustrated by unexplained delays and decisions contrary to the Rule of Law. This deters foreign investment, due to increased Country Risk.

 As an organized crime prosecutor, earlier in his career, Ayú Prado was known to leak sensitive information about active US law enforcement investigations to Panama's powerful organized crime syndicate. He was also, as president, accused of interfering with, and delaying the multiple criminal investigations into Panama's fugitive former president, Ricardo Martinelli, since he left office.  Both Panamanians & Americans are happy to see his power diminished.